In a bid to combat the rising use of deceptive advertising tactics on online platforms, the Union Consumer Affairs Ministry has announced its intention to issue specific guidelines to regulate the use of “dark patterns.” These manipulative techniques, such as false urgency, confirm-shaming, forced action, subscription traps, and nagging, have been found to harm consumer interests and violate their rights.
Secretary of the Ministry, Rohit Kumar Singh, highlighted the importance of consumers flagging such practices and urged them to report instances of manipulative online behavior through the National Consumer Helpline (NCH). Consumers can contact the helpline by dialing ‘1915’ or sending a WhatsApp message to 8800001915. Mr. Singh also called upon online platforms to refrain from adopting dark patterns and emphasized the need to protect consumer autonomy.
Mr. Singh pointed out that several governments worldwide have already defined dark patterns and implemented stringent laws to curb their usage. While the existing provisions of the Consumer Protection Act are deemed sufficient to address this issue, the Ministry intends to introduce specific guidelines due to the increasing prevalence of dark patterns alongside the expanding reach of the internet in India.
Dark patterns are designed to manipulate or trick consumers into making choices that are not in their best interest. Techniques such as false urgency, which create a sense of scarcity or time pressure to compel consumers to make purchases or take immediate actions, and basket sneaking, where additional products or services are added to the shopping cart without user consent, are commonly used to entice customers. Additionally, subscription traps, which make it difficult for consumers to cancel services, and the concealment of additional costs, especially by travel and tourism websites, have also drawn the Ministry’s attention.
Mr. Singh emphasized that the use of dark patterns in online interfaces exploits consumers’ interests unfairly and constitutes an unfair trade practice under current laws. In response, he sent a letter to major online platforms advising them against incorporating dark patterns in their interfaces, warning that such practices would manipulate consumer choice and violate consumer rights as enshrined in Section 2(9) of the Consumer Protection Act.
With the increasing penetration of the internet and the growing popularity of e-commerce in India, consumers are increasingly opting for online shopping. In light of this trend, Mr. Singh stressed the necessity for online platforms to refrain from engaging in unfair trade practices by employing dark patterns, which ultimately lead to harmful or undesirable outcomes for consumers. The Ministry had recently urged social media influencers to disclose if their content is promotional, and this new initiative builds upon their efforts to protect consumer interests.
The forthcoming guidelines from the Union Consumer Affairs Ministry aim to address the misuse of dark patterns and create a more transparent and consumer-friendly online environment in India.